Preliminary

sec.1 Citation

This Law may be referred to as the National Electricity (Queensland) Law .

sec.2 Definitions

In this Law— access determination means a determination of the AER under Part 10 ; s 2 def access determination ins 2007 No. 53 (SA) s 5 (1) Australian Energy Regulator ... s 2 def Australian Energy Regulator om 2007 No. 53 (SA) s 5 (3) Australian Energy Market Commission ... s 2 def Australian Energy Market Commission om 2007 No. 53 (SA) s 5 (3) access dispute has the meaning given by section 2A ; s 2 def access dispute ins 2007 No. 53 (SA) s 5 (1) additional advisory functions —AEMO’s additional advisory functions are as set out in section 50B (1) ; s 2 def additional advisory functions ins 2009 No. 31 (SA) s 7 (2) additional Minister initiated Rules means Rules made under Part 7 , Division 2 (other than section 90 ) by the South Australian Minister; s 2 def additional Minister initiated Rules ins 2007 No. 53 (SA) s 5 (1) amd 2009 No. 31 (SA) s 7 (3) ; 2009 No. 54 (SA) s 4 (1) ; 2011 No. 7 (SA) s 5 (1) ; 2014 No. 21 (SA) s 21 (1) ; 2018 No. 12 (SA) s 4 (1) sub 2025 No. 61 (SA) sch 1 s 1 (1) adoptive jurisdiction means (according to context)— a participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or a participating jurisdiction for which AEMO is authorised to exercise its declared network functions; s 2 def adoptive jurisdiction ins 2009 No. 31 (SA) s 7 (2) AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; s 2 def AEMC ins 2007 No. 53 (SA) s 5 (1) AEMC initiated Rule means a Rule of the kind referred to in section 91 (2) ; AEMO amendments means— the amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009 ; and the amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009 ; s 2 def AEMO amendments ins 2009 No. 31 (SA) s 7 (2) AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; s 2 def AER ins 2007 No. 53 (SA) s 5 (2) AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; s 2 def AER economic regulatory decision ins 2007 No. 53 (SA) s 5 (2) AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— the economic regulation of services provided by— a regulated distribution system operator by means of, or in connection with, a distribution system; or a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or the preparation of a network service provider performance report; or the making of a transmission determination or distribution determination; or an access determination; The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 18V (2) . s 2 def AER economic regulatory function or power sub 2007 No. 53 (SA) s 5 (2) sub 2009 No. 31 (SA) s 7 (1) – (2) amd 2018 No. 33 (SA) s 4 (1) AER market liquidity obligation functions means the functions conferred on the AER under section 15 (1) (eba) ; s 2 def AER market liquidity obligation functions ins 2019 No. 10 (SA) s 5 (1) AER trial waiver functions means the functions conferred on the AER under Part 3 Division 1D ; s 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 4 (1) AER wholesale market monitoring functions —the AER wholesale market monitoring functions are as set out in section 18C (1) ; s 2 def AER wholesale market monitoring functions ins 2016 No. 56 (SA) s 4 (1) AER wholesale market reporting functions —the AER wholesale market reporting functions are as set out in section 18C (2) ; s 2 def AER wholesale market reporting functions ins 2016 No. 56 (SA) s 4 (1) annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 4 (1) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act ins 2009 No. 31 (SA) s 7 (2) associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act; s 2 def associate ins 2007 No. 53 (SA) s 5 (2) augmentation of a transmission or distribution system means work to enlarge the system or to increase its capacity to transmit or distribute electricity; s 2 def augmentation ins 2009 No. 31 (SA) s 7 (2) augmentation connection agreement means an agreement for connecting an augmentation to a declared shared network; s 2 def augmentation connection agreement ins 2009 No. 31 (SA) s 7 (2) Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); Before its change of name, AEMO was known as NEMMCO. s 2 def Australian Energy Market Operator or AEMO ins 2009 No. 31 (SA) s 7 (2) CDR data has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def CDR data ins 2022 No. 16 (SA) s 4 (1) CDR provisions has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def CDR provisions ins 2022 No. 16 (SA) s 4 (1) changeover date means 1 July 2009 or some other date fixed as the changeover date by Ministerial Gazette notice; s 2 def changeover date ins 2009 No. 31 (SA) s 7 (2) civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; s 2 def civil monetary liability ins 2009 No. 31 (SA) s 7 (2) civil penalty —see section 2AB ; s 2 def civil penalty ins 2011 No. 7 (SA) s 5 (2) amd 2019 No. 10 (SA) s 5 (2) – (3) sub 2020 No. 37 (SA) s 4 (2) civil penalty provision —see section 2AA (1) ; s 2 def civil penalty provision ins 2011 No. 7 (SA) s 5 (2) conduct provision —see section 2AA (2) ; s 2 def conduct provision ins 2011 No. 7 (SA) s 5 (2) connection service means a connection service within the meaning of the Rules; s 2 def connection service ins 2011 No. 7 (SA) s 5 (2) constituent components , in relation to a relevant regulatory decision, means the matters that constitute the elements or components of the relevant regulatory decision and on which that relevant regulatory decision is based and includes— matters that go to the making of the relevant regulatory decision; and decisions made by the AER for the purposes of the relevant regulatory decision; s 2 def constituent components ins 2013 No. 79 (SA) s 4 (1) amd 2021 No. 3 (SA) s 5 (1) Court means— where this Law applies as a law of the Commonwealth, the Federal Court; where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; data holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def data holder ins 2022 No. 16 (SA) s 4 (2) derogation means a jurisdictional derogation or participant derogation; declared network functions —AEMO’s declared network functions are as set out in section 50C (1) ; s 2 def declared network functions ins 2009 No. 31 (SA) s 7 (2) declared power system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared power system ins 2009 No. 31 (SA) s 7 (2) declared shared network of an adoptive jurisdiction means the adoptive jurisdiction’s declared transmission system excluding any part of it that is a connection asset within the meaning of the Rules; s 2 def declared shared network ins 2009 No. 31 (SA) s 7 (2) declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction and includes any augmentation of the defined declared transmission system; s 2 def declared transmission system ins 2009 No. 31 (SA) s 7 (2) declared transmission system operator of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared transmission system operator ins 2009 No. 31 (SA) s 7 (2) designated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth; s 2 def designated energy sector ins 2022 No. 16 (SA) s 4 (3) direct control network service has the meaning given by section 2B ; s 2 def direct control network service ins 2007 No. 53 (SA) s 5 (4) Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; s 2 def Dispute resolution panel ins 2009 No. 31 (SA) s 7 (2) distribution determination means a determination of the AER under the Rules that regulates any 1 or more of the following: the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services; the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; s 2 def distribution determination ins 2007 No. 53 (SA) s 5 (4) distribution reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system; s 2 def distribution reliability standard ins 2007 No. 53 (SA) s 5 (4) distribution service standard means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed— by or under jurisdictional electricity legislation; or by the AER in accordance with the Rules; s 2 def distribution service standard ins 2007 No. 53 (SA) s 5 (4) distribution system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system and includes a regulated stand-alone power system to the extent provided by the Rules; s 2 def distribution system ins 2007 No. 53 (SA) s 5 (27) amd 2021 No. 9 (SA) s 4 (1) distribution system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe distribution of electricity in that jurisdiction; or the safe operation of a distribution system in that jurisdiction; s 2 def distribution system safety duty ins 2007 No. 53 (SA) s 5 (4) amd 2009 No. 31 (SA) s 7 (4) draft Rule determination means a determination of the AEMC under section 99 ; ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; s 2 def ECA amendments ins 2014 No. 21 (SA) s 21 (2) effective competition , for Part 3 Division 1A —see section 18B ; s 2 def effective competition ins 2024 No. 12 (SA) s 4 (1) electricity contract , for Part 3 Division 1A —see section 18A ; s 2 def electricity contract ins 2024 No. 12 (SA) s 4 (1) electricity network service means a service provided by means of, or in connection with, a transmission system or distribution system; s 2 def electricity network service ins 2007 No. 53 (SA) s 5 (5) electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity, including— the generation of electricity; electricity network services; the sale of electricity; s 2 def electricity services amd 2007 No. 53 (SA) s 5 (6) end user means a person who acquires electricity for consumption purposes, and includes a retail customer; s 2 def end user ins 2007 No. 53 (SA) s 5 (7) sub 2011 No. 7 (SA) s 5 (3) Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; s 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 21 (3) energy ombudsman has the same meaning as in the National Energy Retail Law; s 2 def energy ombudsman ins 2011 No. 7 (SA) s 5 (2) Energy Security Board means the Board established by the MCE on 14 July 2017 to provide the MCE with advice for the purposes of— whole-of-system oversight for energy security and reliability of the national electricity market; and improving long-term planning for the national electricity market; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 4 (2) Federal Court means the Federal Court of Australia; final Rule determination means a determination of the AEMC under section 102 ; financial risk management product , for Part 3 Division 1A —see section 18A ; s 2 def financial risk management product ins 2024 No. 12 (SA) s 4 (2) form of regulation factors has the meaning given by section 2F ; s 2 def form of regulation factors ins 2007 No. 53 (SA) s 5 (8) general market information order means an order under section 53 (1) (a) requiring information from persons of a class specified in the order; s 2 def general market information order ins 2009 No. 31 (SA) s 7 (2) general regulatory information order has the meaning given by section 28C ; s 2 def general regulatory information order ins 2007 No. 53 (SA) s 5 (8) initial National Electricity Rules means the National Electricity Rules made under section 90 ; innovative trial principles —see section 7B ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 4 (2) interconnected national electricity system means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected— generating systems and other facilities; and loads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules; s 2 def interconnected national electricity system ins 2007 No. 53 (SA) s 5 (9) amd 2009 No. 31 (SA) s 7 (6) jurisdictional derogation means a Rule made at the request of a Minister of a participating jurisdiction that— exempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or modifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates; s 2 def jurisdictional derogation amd 2009 No. 31 (SA) s 7 (6) jurisdictional electricity legislation means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction; s 2 def jurisdictional electricity legislation sub 2007 No. 53 (SA) s 5 (10) jurisdictional regulator means— if this Law is applied as a law of the State of New South Wales— the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER; if this Law is applied as a law of the State of Victoria— the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; or if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER; if this Law is applied as a law of the State of Queensland— the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER; if this Law is applied as a law of the State of South Australia— the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; or if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER; if this Law is applied as a law of the Australian Capital Territory— the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER; if a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e) , that other person or body; if the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body; any other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction; s 2 def jurisdictional regulator amd 2007 No. 53 (SA) s 5 (11) jurisdictional system security coordinator means a person appointed under section 110 ; liable entity —see section 14D ; s 2 def liable entity ins 2019 No. 10 (SA) s 5 (4) listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def listed corporation ins 2020 No. 37 (SA) s 4 (3) market information instrument means a general market information order or a market information notice; s 2 def market information instrument ins 2009 No. 31 (SA) s 7 (2) market information notice means a notice under section 53 (1) (b) requiring information from the person to whom the notice is addressed; s 2 def market information notice ins 2009 No. 31 (SA) s 7 (2) market liquidity obligation means the obligation imposed by Rules made under Schedule 1 item 6G and includes matters related to the obligation; s 2 def market liquidity obligation ins 2019 No. 10 (SA) s 5 (5) market monitoring information notice , for Part 3 Division 1A —see section 18EC ; s 2 def market monitoring information notice ins 2024 No. 12 (SA) s 4 (3) market monitoring information order , for Part 3 Division 1A —see section 18EC ; s 2 def market monitoring information order ins 2024 No. 12 (SA) s 4 (3) MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 5 (2) MCE directed review means a review conducted by the AEMC under Division 4 of Part 4 ; s 2 def MCE directed review ins 2007 No. 53 (SA) s 5 (12) MCE statement of policy principles means a statement of policy principles issued by the MCE under section 8 ; Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; s 2 def Ministerial Gazette notice ins 2009 No. 31 (SA) s 7 (2) Ministerial pilot metering determination means a determination made under section 118B ; s 2 def Ministerial pilot metering determination ins 2009 No. 54 (SA) s 4 (2) Ministerial smart metering determination means— (Repealed) a Ministerial pilot metering determination; s 2 def Ministerial smart metering determination ins 2009 No. 54 (SA) s 4 (2) amd 2013 No. 69 (SA) s 4 (1) Ministerial smart meter rollout determination ... s 2 def Ministerial smart meter rollout determination ins 2009 No. 54 (SA) s 4 (2) om 2013 No. 69 (SA) s 4 (2) Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 6 ; monitored market , for Part 3 Division 1A —see section 18A ; s 2 def monitored market ins 2024 No. 12 (SA) s 4 (4) National Electricity Code means the code of conduct called the National Electricity Code approved, in accordance with section 6 (1) of the old National Electricity Law, as the initial Code for the purposes of that Law, and as amended from time to time in accordance with its terms and the old National Electricity Law; national electricity legislation means— the National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and the National Electricity (South Australia) Law ; and an Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of— the Regulations referred to in paragraph (a) ; or the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) ; and the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); national electricity market means— the wholesale exchange operated and administered by AEMO under this Law and the Rules; and the national electricity system; s 2 def national electricity market amd 2009 No. 31 (SA) s 7 (6) national electricity market objective ... s 2 def national electricity market objective om 2007 No. 53 (SA) s 5 (13) national electricity objective means the objective set out in section 7 ; s 2 def national electricity objective ins 2007 No. 53 (SA) s 5 (13) National Electricity Rules or Rules means— the initial National Electricity Rules; and additional Minister initiated Rules; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Electricity Rules or additional Minister initiated Rules; or Rules made by it; s 2 def National Electricity Rules or Rules amd 2007 No. 53 (SA) s 5 (14) national electricity system means— the generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and the interconnected national electricity system; and regulated stand-alone power systems; s 2 def national electricity system amd 2007 No. 53 (SA) s 5 (15) ; 2021 No. 9 (SA) s 4 (2) National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 5 (2) National Energy Retail Rules has the same meaning as in the National Energy Retail Law; s 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 5 (2) National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; s 2 def National Gas Law ins 2011 No. 7 (SA) s 5 (2) National Gas Rules has the same meaning as in the National Gas Law; s 2 def National Gas Rules ins 2011 No. 7 (SA) s 5 (2) national transmission grid means the transmission systems that form part of the interconnected national electricity system; s 2 def national transmission grid ins 2009 No. 31 (SA) s 7 (2) National Transmission Planner means AEMO acting in the performance of NTP functions; s 2 def National Transmission Planner ins 2009 No. 31 (SA) s 7 (2) negotiated network service has the meaning given by section 2C ; s 2 def negotiated network service ins 2007 No. 53 (SA) s 5 (16) NEMMCO means National Electricity Market Management Company Limited (ACN 072 010 327); NEMMCO becomes AEMO (without change of corporate identity). A reference to NEMMCO is a reference to AEMO before its change of name. s 2 def NEMMCO sub 2009 No. 31 (SA) s 7 (1) – (2) network agreement means the agreement required by section 50D (1) ; s 2 def network agreement ins 2009 No. 31 (SA) s 7 (2) network revenue or pricing determination means a distribution determination or a transmission determination; s 2 def network revenue or pricing determination ins 2007 No. 53 (SA) s 5 (17) network service provider means a Registered participant registered for the purposes of section 11 (2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system or that owns, controls or operates a regulated stand-alone power system; s 2 def network service provider ins 2007 No. 53 (SA) s 5 (17) amd 2021 No. 9 (SA) s 4 (3) network service provider performance report means a report prepared by the AER under section 28V ; s 2 def network service provider performance report ins 2007 No. 53 (SA) s 5 (17) network service user means a user who is provided with an electricity network service; s 2 def network service user ins 2007 No. 53 (SA) s 5 (17) NTP functions means the functions described in section 49 (2) ; s 2 def NTP functions ins 2009 No. 31 (SA) s 7 (2) offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; s 2 def offence provision sub 2007 No. 53 (SA) s 5 (18) officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def officer ins 2007 No. 53 (SA) s 5 (18) old National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia; participant derogation means a Rule made at the request of a person who is conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or AEMO, that— exempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or modifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO; s 2 def participant derogation amd 2009 No. 31 (SA) s 7 (6) participating jurisdiction means a jurisdiction that is a participating jurisdiction within the meaning of section 5 ; power system security means the safe scheduling and dispatch, and operation and control, of the national electricity system (other than regulated stand-alone power systems); s 2 def power system security amd 2021 No. 9 (SA) s 4 (4) prospective network service user means a person who seeks or wishes to be provided with an electricity network service; s 2 def prospective network service user ins 2007 No. 53 (SA) s 5 (19) protected information has the meaning given by section 54 (1) ; s 2 def protected information ins 2009 No. 31 (SA) s 7 (2) rate of return instrument —see section 18I (2) ; s 2 def rate of return instrument ins 2018 No. 33 s 4 (2) rebidding civil penalty provision ... s 2 def rebidding civil penalty provision ins 2011 No. 7 (SA) s 5 (2) om 2020 No. 37 (SA) s 4 (4) recognised energy industry ombudsman ... s 2 def recognised energy industry ombudsman ins 2009 No. 31 (SA) s 7 (2) om 2011 No. 7 (SA) s 5 (4) Registered participant means a person who is registered as such by AEMO under this Law and the Rules or is registered as such by AEMO otherwise in accordance with the Rules; s 2 def Registered participant amd 2009 No. 31 (SA) s 7 (6) regulated distribution system operator means an owner, controller or operator of a distribution system— who is a Registered participant; and whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination; s 2 def regulated distribution system operator ins 2007 No. 53 (SA) s 5 (20) regulated network service provider means— a regulated distribution system operator; or a regulated transmission system operator; s 2 def regulated network service provider ins 2007 No. 53 (SA) s 5 (20) regulated stand-alone power system —see section 6B ; s 2 def regulated stand-alone power system ins 2021 No. 9 (SA) s 4 (5) regulated transmission system operator means an owner, controller or operator of a transmission system— who is a Registered participant; and whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination; s 2 def regulated transmission system operator amd 2007 No. 53 (SA) s 5 (21) Regulations means the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means a general regulatory information order or a regulatory information notice; s 2 def regulatory information instrument ins 2007 No. 53 (SA) s 5 (22) regulatory information notice has the meaning given by section 28D ; s 2 def regulatory information notice ins 2007 No. 53 (SA) s 5 (22) regulatory obligation or requirement has the meaning given by section 2D ; s 2 def regulatory obligation or requirement ins 2007 No. 53 (SA) s 5 (22) regulatory obligation ... s 2 def regulatory obligation om 2007 No. 53 (SA) s 5 (22) regulatory payment has the meaning given by section 2E ; s 2 def regulatory payment ins 2007 No. 53 (SA) s 5 (22) relevant agreement , for Part 3 Division 1A —see section 18A ; s 2 def relevant agreement ins 2024 No. 12 (SA) s 4 (5) relevant court means any court of this jurisdiction; relevant regulatory decision means— a network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or any other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision, but does not include a decision of the AER made under Part 3 Division 6 ; s 2 def relevant regulatory decision ins 2021 No. 3 (SA) s 5 (3) reliability obligation civil penalty provision —see section 2AA (1a); s 2 def reliability obligation civil penalty provision ins 2019 No. 10 (SA) s 5 (6) reliability obligations means the obligations that apply to a liable entity under sections 14P (1) and (3) and 14R (2) ; s 2 def reliability obligations ins 2019 No. 10 (SA) s 5 (6) relevant participant ... s 2 def relevant participant amd 2009 No. 31 (SA) s 7 (6) om 2011 No. 7 (SA) s 5 (4) Reliability Panel means the panel of persons established by the AEMC under section 38 ; retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition; s 2 def retail customer ins 2011 No. 7 (SA) s 5 (2) retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity; s 2 def retailer ins 2011 No. 7 (SA) s 5 (2) Retailer Reliability Obligation means— Part 2A of this Law; and the provisions of the Rules that relate to Part 2A of this Law; s 2 def Retailer Reliability Obligation ins 2019 No. 10 (SA) s 5 (7) revenue and pricing principles means the principles set out in section 7A ; s 2 def revenue and pricing principles ins 2007 No. 53 (SA) s 5 (23) reviewable regulatory decision ... s 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 4 (2) om 2021 No. 3 (SA) s 5 (4) Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules; s 2 def Rule dispute ins 2011 No. 7 (SA) s 5 (2) shared network capability service means a service described in section 50D (1) as a shared network capability service; s 2 def shared network capability service ins 2009 No. 31 (SA) s 7 (2) shared transmission service means a service classified under the Rules as a shared transmission service; s 2 def shared transmission service ins 2009 No. 31 (SA) s 7 (2) smart meter amendments means the amendments to this Law made by section 5 of the National Electricity (South Australia) (Smart Meters) Amendment Act 2009 of South Australia; s 2 def smart meter amendments ins 2009 No. 54 (SA) s 4 (3) South Australian Minister means the Minister of the Crown in right of South Australia who administers Part 2 of the National Electricity (South Australia) Act 1996 of South Australia; s 2 def South Australian Minister ins 2025 No. 61 (SA) sch 1 s 1 (2) statutory functions , in relation to AEMO, means functions or powers conferred under— this Law or the Rules; or the National Gas Law, the National Gas Rules, or related subordinate legislation; s 2 def statutory functions ins 2009 No. 31 (SA) s 7 (2) superseded jurisdictional rules means— legislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that— was in force immediately before the changeover date; and is superseded by the AEMO amendments; and a licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction— in force immediately before the changeover date; and superseded by the AEMO amendments; and a guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction— made or issued by the jurisdictional regulator; and in force immediately before the changeover date; and superseded by the AEMO amendments; s 2 def superseded jurisdictional rules ins 2009 No. 31 (SA) s 7 (2) Territory means the Australian Capital Territory or the Northern Territory; s 2 def Territory ins 2021 No. 3 (SA) s 5 (5) transmission determination means a determination of the AER under the Rules that regulates any 1 or more of the following: the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services; the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; s 2 def transmission determination sub 2007 No. 53 (SA) s 5 (24) transmission reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a transmission system; transmission service standard means a standard relating to the standard of services provided by a regulated transmission system operator by means of, or in connection with, a transmission system imposed— by or under jurisdictional electricity legislation; or by the AER in accordance with the Rules; s 2 def transmission service standard amd 2007 No. 53 (SA) s 5 (25) transmission system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system; s 2 def transmission system ins 2007 No. 53 (SA) s 5 (28) transmission system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe transmission of electricity in that jurisdiction; or the safe operation of a transmission system in that jurisdiction; s 2 def transmission system safety duty ins 2007 No. 53 (SA) s 5 (26) amd 2009 No. 31 (SA) s 7 (5) trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and that tests an approach in relation to the supply of, or demand for, electricity; s 2 def trial project ins 2022 No. 22 (SA) s 4 (3) trial Rule —see section 87 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 4 (3) trial waiver —see section 18ZL ; s 2 def trial waiver ins 2022 No. 22 (SA) s 4 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; s 2 def Tribunal ins 2007 No. 53 (SA) s 5 (26) user or consumer association ... s 2 def user or consumer association ins 2013 No. 79 (SA) s 4 (3) om 2022 No. 21 (SA) s 4 user or consumer interest group ... s 2 def user or consumer interest group ins 2013 No. 79 (SA) s 4 (3) om 2022 No. 21 (SA) s 4 VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments came into force. s 2 def VENCorp ins 2009 No. 31 (SA) s 7 (2) wholesale electricity market means any wholesale market for electricity regulated under this Law and the Rules. s 2 def wholesale electricity market ins 2016 No. 56 (SA) s 4 (2) A reference in this Law to an end user includes a reference to a prospective end user. s 2 amd 2011 No. 7 (SA) s 5 (sec.2-ssec.1) In this Law— access determination means a determination of the AER under Part 10 ; s 2 def access determination ins 2007 No. 53 (SA) s 5 (1) Australian Energy Regulator ... s 2 def Australian Energy Regulator om 2007 No. 53 (SA) s 5 (3) Australian Energy Market Commission ... s 2 def Australian Energy Market Commission om 2007 No. 53 (SA) s 5 (3) access dispute has the meaning given by section 2A ; s 2 def access dispute ins 2007 No. 53 (SA) s 5 (1) additional advisory functions —AEMO’s additional advisory functions are as set out in section 50B (1) ; s 2 def additional advisory functions ins 2009 No. 31 (SA) s 7 (2) additional Minister initiated Rules means Rules made under Part 7 , Division 2 (other than section 90 ) by the South Australian Minister; s 2 def additional Minister initiated Rules ins 2007 No. 53 (SA) s 5 (1) amd 2009 No. 31 (SA) s 7 (3) ; 2009 No. 54 (SA) s 4 (1) ; 2011 No. 7 (SA) s 5 (1) ; 2014 No. 21 (SA) s 21 (1) ; 2018 No. 12 (SA) s 4 (1) sub 2025 No. 61 (SA) sch 1 s 1 (1) adoptive jurisdiction means (according to context)— a participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or a participating jurisdiction for which AEMO is authorised to exercise its declared network functions; s 2 def adoptive jurisdiction ins 2009 No. 31 (SA) s 7 (2) AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; s 2 def AEMC ins 2007 No. 53 (SA) s 5 (1) AEMC initiated Rule means a Rule of the kind referred to in section 91 (2) ; AEMO amendments means— the amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009 ; and the amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009 ; s 2 def AEMO amendments ins 2009 No. 31 (SA) s 7 (2) AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; s 2 def AER ins 2007 No. 53 (SA) s 5 (2) AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; s 2 def AER economic regulatory decision ins 2007 No. 53 (SA) s 5 (2) AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— the economic regulation of services provided by— a regulated distribution system operator by means of, or in connection with, a distribution system; or a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or the preparation of a network service provider performance report; or the making of a transmission determination or distribution determination; or an access determination; The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 18V (2) . s 2 def AER economic regulatory function or power sub 2007 No. 53 (SA) s 5 (2) sub 2009 No. 31 (SA) s 7 (1) – (2) amd 2018 No. 33 (SA) s 4 (1) AER market liquidity obligation functions means the functions conferred on the AER under section 15 (1) (eba) ; s 2 def AER market liquidity obligation functions ins 2019 No. 10 (SA) s 5 (1) AER trial waiver functions means the functions conferred on the AER under Part 3 Division 1D ; s 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 4 (1) AER wholesale market monitoring functions —the AER wholesale market monitoring functions are as set out in section 18C (1) ; s 2 def AER wholesale market monitoring functions ins 2016 No. 56 (SA) s 4 (1) AER wholesale market reporting functions —the AER wholesale market reporting functions are as set out in section 18C (2) ; s 2 def AER wholesale market reporting functions ins 2016 No. 56 (SA) s 4 (1) annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 4 (1) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act ins 2009 No. 31 (SA) s 7 (2) associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act; s 2 def associate ins 2007 No. 53 (SA) s 5 (2) augmentation of a transmission or distribution system means work to enlarge the system or to increase its capacity to transmit or distribute electricity; s 2 def augmentation ins 2009 No. 31 (SA) s 7 (2) augmentation connection agreement means an agreement for connecting an augmentation to a declared shared network; s 2 def augmentation connection agreement ins 2009 No. 31 (SA) s 7 (2) Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); Before its change of name, AEMO was known as NEMMCO. s 2 def Australian Energy Market Operator or AEMO ins 2009 No. 31 (SA) s 7 (2) CDR data has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def CDR data ins 2022 No. 16 (SA) s 4 (1) CDR provisions has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def CDR provisions ins 2022 No. 16 (SA) s 4 (1) changeover date means 1 July 2009 or some other date fixed as the changeover date by Ministerial Gazette notice; s 2 def changeover date ins 2009 No. 31 (SA) s 7 (2) civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; s 2 def civil monetary liability ins 2009 No. 31 (SA) s 7 (2) civil penalty —see section 2AB ; s 2 def civil penalty ins 2011 No. 7 (SA) s 5 (2) amd 2019 No. 10 (SA) s 5 (2) – (3) sub 2020 No. 37 (SA) s 4 (2) civil penalty provision —see section 2AA (1) ; s 2 def civil penalty provision ins 2011 No. 7 (SA) s 5 (2) conduct provision —see section 2AA (2) ; s 2 def conduct provision ins 2011 No. 7 (SA) s 5 (2) connection service means a connection service within the meaning of the Rules; s 2 def connection service ins 2011 No. 7 (SA) s 5 (2) constituent components , in relation to a relevant regulatory decision, means the matters that constitute the elements or components of the relevant regulatory decision and on which that relevant regulatory decision is based and includes— matters that go to the making of the relevant regulatory decision; and decisions made by the AER for the purposes of the relevant regulatory decision; s 2 def constituent components ins 2013 No. 79 (SA) s 4 (1) amd 2021 No. 3 (SA) s 5 (1) Court means— where this Law applies as a law of the Commonwealth, the Federal Court; where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; data holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; s 2 def data holder ins 2022 No. 16 (SA) s 4 (2) derogation means a jurisdictional derogation or participant derogation; declared network functions —AEMO’s declared network functions are as set out in section 50C (1) ; s 2 def declared network functions ins 2009 No. 31 (SA) s 7 (2) declared power system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared power system ins 2009 No. 31 (SA) s 7 (2) declared shared network of an adoptive jurisdiction means the adoptive jurisdiction’s declared transmission system excluding any part of it that is a connection asset within the meaning of the Rules; s 2 def declared shared network ins 2009 No. 31 (SA) s 7 (2) declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction and includes any augmentation of the defined declared transmission system; s 2 def declared transmission system ins 2009 No. 31 (SA) s 7 (2) declared transmission system operator of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared transmission system operator ins 2009 No. 31 (SA) s 7 (2) designated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth; s 2 def designated energy sector ins 2022 No. 16 (SA) s 4 (3) direct control network service has the meaning given by section 2B ; s 2 def direct control network service ins 2007 No. 53 (SA) s 5 (4) Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; s 2 def Dispute resolution panel ins 2009 No. 31 (SA) s 7 (2) distribution determination means a determination of the AER under the Rules that regulates any 1 or more of the following: the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services; the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; s 2 def distribution determination ins 2007 No. 53 (SA) s 5 (4) distribution reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system; s 2 def distribution reliability standard ins 2007 No. 53 (SA) s 5 (4) distribution service standard means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed— by or under jurisdictional electricity legislation; or by the AER in accordance with the Rules; s 2 def distribution service standard ins 2007 No. 53 (SA) s 5 (4) distribution system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system and includes a regulated stand-alone power system to the extent provided by the Rules; s 2 def distribution system ins 2007 No. 53 (SA) s 5 (27) amd 2021 No. 9 (SA) s 4 (1) distribution system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe distribution of electricity in that jurisdiction; or the safe operation of a distribution system in that jurisdiction; s 2 def distribution system safety duty ins 2007 No. 53 (SA) s 5 (4) amd 2009 No. 31 (SA) s 7 (4) draft Rule determination means a determination of the AEMC under section 99 ; ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; s 2 def ECA amendments ins 2014 No. 21 (SA) s 21 (2) effective competition , for Part 3 Division 1A —see section 18B ; s 2 def effective competition ins 2024 No. 12 (SA) s 4 (1) electricity contract , for Part 3 Division 1A —see section 18A ; s 2 def electricity contract ins 2024 No. 12 (SA) s 4 (1) electricity network service means a service provided by means of, or in connection with, a transmission system or distribution system; s 2 def electricity network service ins 2007 No. 53 (SA) s 5 (5) electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity, including— the generation of electricity; electricity network services; the sale of electricity; s 2 def electricity services amd 2007 No. 53 (SA) s 5 (6) end user means a person who acquires electricity for consumption purposes, and includes a retail customer; s 2 def end user ins 2007 No. 53 (SA) s 5 (7) sub 2011 No. 7 (SA) s 5 (3) Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; s 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 21 (3) energy ombudsman has the same meaning as in the National Energy Retail Law; s 2 def energy ombudsman ins 2011 No. 7 (SA) s 5 (2) Energy Security Board means the Board established by the MCE on 14 July 2017 to provide the MCE with advice for the purposes of— whole-of-system oversight for energy security and reliability of the national electricity market; and improving long-term planning for the national electricity market; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 4 (2) Federal Court means the Federal Court of Australia; final Rule determination means a determination of the AEMC under section 102 ; financial risk management product , for Part 3 Division 1A —see section 18A ; s 2 def financial risk management product ins 2024 No. 12 (SA) s 4 (2) form of regulation factors has the meaning given by section 2F ; s 2 def form of regulation factors ins 2007 No. 53 (SA) s 5 (8) general market information order means an order under section 53 (1) (a) requiring information from persons of a class specified in the order; s 2 def general market information order ins 2009 No. 31 (SA) s 7 (2) general regulatory information order has the meaning given by section 28C ; s 2 def general regulatory information order ins 2007 No. 53 (SA) s 5 (8) initial National Electricity Rules means the National Electricity Rules made under section 90 ; innovative trial principles —see section 7B ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 4 (2) interconnected national electricity system means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected— generating systems and other facilities; and loads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules; s 2 def interconnected national electricity system ins 2007 No. 53 (SA) s 5 (9) amd 2009 No. 31 (SA) s 7 (6) jurisdictional derogation means a Rule made at the request of a Minister of a participating jurisdiction that— exempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or modifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates; s 2 def jurisdictional derogation amd 2009 No. 31 (SA) s 7 (6) jurisdictional electricity legislation means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction; s 2 def jurisdictional electricity legislation sub 2007 No. 53 (SA) s 5 (10) jurisdictional regulator means— if this Law is applied as a law of the State of New South Wales— the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER; if this Law is applied as a law of the State of Victoria— the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; or if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER; if this Law is applied as a law of the State of Queensland— the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER; if this Law is applied as a law of the State of South Australia— the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; or if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER; if this Law is applied as a law of the Australian Capital Territory— the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER; if a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e) , that other person or body; if the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body; any other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction; s 2 def jurisdictional regulator amd 2007 No. 53 (SA) s 5 (11) jurisdictional system security coordinator means a person appointed under section 110 ; liable entity —see section 14D ; s 2 def liable entity ins 2019 No. 10 (SA) s 5 (4) listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def listed corporation ins 2020 No. 37 (SA) s 4 (3) market information instrument means a general market information order or a market information notice; s 2 def market information instrument ins 2009 No. 31 (SA) s 7 (2) market information notice means a notice under section 53 (1) (b) requiring information from the person to whom the notice is addressed; s 2 def market information notice ins 2009 No. 31 (SA) s 7 (2) market liquidity obligation means the obligation imposed by Rules made under Schedule 1 item 6G and includes matters related to the obligation; s 2 def market liquidity obligation ins 2019 No. 10 (SA) s 5 (5) market monitoring information notice , for Part 3 Division 1A —see section 18EC ; s 2 def market monitoring information notice ins 2024 No. 12 (SA) s 4 (3) market monitoring information order , for Part 3 Division 1A —see section 18EC ; s 2 def market monitoring information order ins 2024 No. 12 (SA) s 4 (3) MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 5 (2) MCE directed review means a review conducted by the AEMC under Division 4 of Part 4 ; s 2 def MCE directed review ins 2007 No. 53 (SA) s 5 (12) MCE statement of policy principles means a statement of policy principles issued by the MCE under section 8 ; Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; s 2 def Ministerial Gazette notice ins 2009 No. 31 (SA) s 7 (2) Ministerial pilot metering determination means a determination made under section 118B ; s 2 def Ministerial pilot metering determination ins 2009 No. 54 (SA) s 4 (2) Ministerial smart metering determination means— (Repealed) a Ministerial pilot metering determination; s 2 def Ministerial smart metering determination ins 2009 No. 54 (SA) s 4 (2) amd 2013 No. 69 (SA) s 4 (1) Ministerial smart meter rollout determination ... s 2 def Ministerial smart meter rollout determination ins 2009 No. 54 (SA) s 4 (2) om 2013 No. 69 (SA) s 4 (2) Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 6 ; monitored market , for Part 3 Division 1A —see section 18A ; s 2 def monitored market ins 2024 No. 12 (SA) s 4 (4) National Electricity Code means the code of conduct called the National Electricity Code approved, in accordance with section 6 (1) of the old National Electricity Law, as the initial Code for the purposes of that Law, and as amended from time to time in accordance with its terms and the old National Electricity Law; national electricity legislation means— the National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and the National Electricity (South Australia) Law ; and an Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of— the Regulations referred to in paragraph (a) ; or the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) ; and the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); national electricity market means— the wholesale exchange operated and administered by AEMO under this Law and the Rules; and the national electricity system; s 2 def national electricity market amd 2009 No. 31 (SA) s 7 (6) national electricity market objective ... s 2 def national electricity market objective om 2007 No. 53 (SA) s 5 (13) national electricity objective means the objective set out in section 7 ; s 2 def national electricity objective ins 2007 No. 53 (SA) s 5 (13) National Electricity Rules or Rules means— the initial National Electricity Rules; and additional Minister initiated Rules; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Electricity Rules or additional Minister initiated Rules; or Rules made by it; s 2 def National Electricity Rules or Rules amd 2007 No. 53 (SA) s 5 (14) national electricity system means— the generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and the interconnected national electricity system; and regulated stand-alone power systems; s 2 def national electricity system amd 2007 No. 53 (SA) s 5 (15) ; 2021 No. 9 (SA) s 4 (2) National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 5 (2) National Energy Retail Rules has the same meaning as in the National Energy Retail Law; s 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 5 (2) National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; s 2 def National Gas Law ins 2011 No. 7 (SA) s 5 (2) National Gas Rules has the same meaning as in the National Gas Law; s 2 def National Gas Rules ins 2011 No. 7 (SA) s 5 (2) national transmission grid means the transmission systems that form part of the interconnected national electricity system; s 2 def national transmission grid ins 2009 No. 31 (SA) s 7 (2) National Transmission Planner means AEMO acting in the performance of NTP functions; s 2 def National Transmission Planner ins 2009 No. 31 (SA) s 7 (2) negotiated network service has the meaning given by section 2C ; s 2 def negotiated network service ins 2007 No. 53 (SA) s 5 (16) NEMMCO means National Electricity Market Management Company Limited (ACN 072 010 327); NEMMCO becomes AEMO (without change of corporate identity). A reference to NEMMCO is a reference to AEMO before its change of name. s 2 def NEMMCO sub 2009 No. 31 (SA) s 7 (1) – (2) network agreement means the agreement required by section 50D (1) ; s 2 def network agreement ins 2009 No. 31 (SA) s 7 (2) network revenue or pricing determination means a distribution determination or a transmission determination; s 2 def network revenue or pricing determination ins 2007 No. 53 (SA) s 5 (17) network service provider means a Registered participant registered for the purposes of section 11 (2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system or that owns, controls or operates a regulated stand-alone power system; s 2 def network service provider ins 2007 No. 53 (SA) s 5 (17) amd 2021 No. 9 (SA) s 4 (3) network service provider performance report means a report prepared by the AER under section 28V ; s 2 def network service provider performance report ins 2007 No. 53 (SA) s 5 (17) network service user means a user who is provided with an electricity network service; s 2 def network service user ins 2007 No. 53 (SA) s 5 (17) NTP functions means the functions described in section 49 (2) ; s 2 def NTP functions ins 2009 No. 31 (SA) s 7 (2) offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; s 2 def offence provision sub 2007 No. 53 (SA) s 5 (18) officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def officer ins 2007 No. 53 (SA) s 5 (18) old National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia; participant derogation means a Rule made at the request of a person who is conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or AEMO, that— exempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or modifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO; s 2 def participant derogation amd 2009 No. 31 (SA) s 7 (6) participating jurisdiction means a jurisdiction that is a participating jurisdiction within the meaning of section 5 ; power system security means the safe scheduling and dispatch, and operation and control, of the national electricity system (other than regulated stand-alone power systems); s 2 def power system security amd 2021 No. 9 (SA) s 4 (4) prospective network service user means a person who seeks or wishes to be provided with an electricity network service; s 2 def prospective network service user ins 2007 No. 53 (SA) s 5 (19) protected information has the meaning given by section 54 (1) ; s 2 def protected information ins 2009 No. 31 (SA) s 7 (2) rate of return instrument —see section 18I (2) ; s 2 def rate of return instrument ins 2018 No. 33 s 4 (2) rebidding civil penalty provision ... s 2 def rebidding civil penalty provision ins 2011 No. 7 (SA) s 5 (2) om 2020 No. 37 (SA) s 4 (4) recognised energy industry ombudsman ... s 2 def recognised energy industry ombudsman ins 2009 No. 31 (SA) s 7 (2) om 2011 No. 7 (SA) s 5 (4) Registered participant means a person who is registered as such by AEMO under this Law and the Rules or is registered as such by AEMO otherwise in accordance with the Rules; s 2 def Registered participant amd 2009 No. 31 (SA) s 7 (6) regulated distribution system operator means an owner, controller or operator of a distribution system— who is a Registered participant; and whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination; s 2 def regulated distribution system operator ins 2007 No. 53 (SA) s 5 (20) regulated network service provider means— a regulated distribution system operator; or a regulated transmission system operator; s 2 def regulated network service provider ins 2007 No. 53 (SA) s 5 (20) regulated stand-alone power system —see section 6B ; s 2 def regulated stand-alone power system ins 2021 No. 9 (SA) s 4 (5) regulated transmission system operator means an owner, controller or operator of a transmission system— who is a Registered participant; and whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination; s 2 def regulated transmission system operator amd 2007 No. 53 (SA) s 5 (21) Regulations means the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means a general regulatory information order or a regulatory information notice; s 2 def regulatory information instrument ins 2007 No. 53 (SA) s 5 (22) regulatory information notice has the meaning given by section 28D ; s 2 def regulatory information notice ins 2007 No. 53 (SA) s 5 (22) regulatory obligation or requirement has the meaning given by section 2D ; s 2 def regulatory obligation or requirement ins 2007 No. 53 (SA) s 5 (22) regulatory obligation ... s 2 def regulatory obligation om 2007 No. 53 (SA) s 5 (22) regulatory payment has the meaning given by section 2E ; s 2 def regulatory payment ins 2007 No. 53 (SA) s 5 (22) relevant agreement , for Part 3 Division 1A —see section 18A ; s 2 def relevant agreement ins 2024 No. 12 (SA) s 4 (5) relevant court means any court of this jurisdiction; relevant regulatory decision means— a network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or any other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision, but does not include a decision of the AER made under Part 3 Division 6 ; s 2 def relevant regulatory decision ins 2021 No. 3 (SA) s 5 (3) reliability obligation civil penalty provision —see section 2AA (1a); s 2 def reliability obligation civil penalty provision ins 2019 No. 10 (SA) s 5 (6) reliability obligations means the obligations that apply to a liable entity under sections 14P (1) and (3) and 14R (2) ; s 2 def reliability obligations ins 2019 No. 10 (SA) s 5 (6) relevant participant ... s 2 def relevant participant amd 2009 No. 31 (SA) s 7 (6) om 2011 No. 7 (SA) s 5 (4) Reliability Panel means the panel of persons established by the AEMC under section 38 ; retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition; s 2 def retail customer ins 2011 No. 7 (SA) s 5 (2) retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity; s 2 def retailer ins 2011 No. 7 (SA) s 5 (2) Retailer Reliability Obligation means— Part 2A of this Law; and the provisions of the Rules that relate to Part 2A of this Law; s 2 def Retailer Reliability Obligation ins 2019 No. 10 (SA) s 5 (7) revenue and pricing principles means the principles set out in section 7A ; s 2 def revenue and pricing principles ins 2007 No. 53 (SA) s 5 (23) reviewable regulatory decision ... s 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 4 (2) om 2021 No. 3 (SA) s 5 (4) Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules; s 2 def Rule dispute ins 2011 No. 7 (SA) s 5 (2) shared network capability service means a service described in section 50D (1) as a shared network capability service; s 2 def shared network capability service ins 2009 No. 31 (SA) s 7 (2) shared transmission service means a service classified under the Rules as a shared transmission service; s 2 def shared transmission service ins 2009 No. 31 (SA) s 7 (2) smart meter amendments means the amendments to this Law made by section 5 of the National Electricity (South Australia) (Smart Meters) Amendment Act 2009 of South Australia; s 2 def smart meter amendments ins 2009 No. 54 (SA) s 4 (3) South Australian Minister means the Minister of the Crown in right of South Australia who administers Part 2 of the National Electricity (South Australia) Act 1996 of South Australia; s 2 def South Australian Minister ins 2025 No. 61 (SA) sch 1 s 1 (2) statutory functions , in relation to AEMO, means functions or powers conferred under— this Law or the Rules; or the National Gas Law, the National Gas Rules, or related subordinate legislation; s 2 def statutory functions ins 2009 No. 31 (SA) s 7 (2) superseded jurisdictional rules means— legislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that— was in force immediately before the changeover date; and is superseded by the AEMO amendments; and a licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction— in force immediately before the changeover date; and superseded by the AEMO amendments; and a guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction— made or issued by the jurisdictional regulator; and in force immediately before the changeover date; and superseded by the AEMO amendments; s 2 def superseded jurisdictional rules ins 2009 No. 31 (SA) s 7 (2) Territory means the Australian Capital Territory or the Northern Territory; s 2 def Territory ins 2021 No. 3 (SA) s 5 (5) transmission determination means a determination of the AER under the Rules that regulates any 1 or more of the following: the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services; the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; s 2 def transmission determination sub 2007 No. 53 (SA) s 5 (24) transmission reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a transmission system; transmission service standard means a standard relating to the standard of services provided by a regulated transmission system operator by means of, or in connection with, a transmission system imposed— by or under jurisdictional electricity legislation; or by the AER in accordance with the Rules; s 2 def transmission service standard amd 2007 No. 53 (SA) s 5 (25) transmission system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system; s 2 def transmission system ins 2007 No. 53 (SA) s 5 (28) transmission system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe transmission of electricity in that jurisdiction; or the safe operation of a transmission system in that jurisdiction; s 2 def transmission system safety duty ins 2007 No. 53 (SA) s 5 (26) amd 2009 No. 31 (SA) s 7 (5) trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and that tests an approach in relation to the supply of, or demand for, electricity; s 2 def trial project ins 2022 No. 22 (SA) s 4 (3) trial Rule —see section 87 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 4 (3) trial waiver —see section 18ZL ; s 2 def trial waiver ins 2022 No. 22 (SA) s 4 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; s 2 def Tribunal ins 2007 No. 53 (SA) s 5 (26) user or consumer association ... s 2 def user or consumer association ins 2013 No. 79 (SA) s 4 (3) om 2022 No. 21 (SA) s 4 user or consumer interest group ... s 2 def user or consumer interest group ins 2013 No. 79 (SA) s 4 (3) om 2022 No. 21 (SA) s 4 VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments came into force. s 2 def VENCorp ins 2009 No. 31 (SA) s 7 (2) wholesale electricity market means any wholesale market for electricity regulated under this Law and the Rules. s 2 def wholesale electricity market ins 2016 No. 56 (SA) s 4 (2) (sec.2-ssec.2) A reference in this Law to an end user includes a reference to a prospective end user.

• (a) a participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or
• (b) a participating jurisdiction for which AEMO is authorised to exercise its declared network functions;
• (a) the amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009 ; and
• (b) the amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009 ;
• (a) the economic regulation of services provided by— (i) a regulated distribution system operator by means of, or in connection with, a distribution system; or (ii) a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or
• (i) a regulated distribution system operator by means of, or in connection with, a distribution system; or
• (ii) a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or
• (b) the preparation of a network service provider performance report; or
• (c) the making of a transmission determination or distribution determination; or
• (d) an access determination;
• (i) a regulated distribution system operator by means of, or in connection with, a distribution system; or
• (ii) a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or
• (a) matters that go to the making of the relevant regulatory decision; and
• (b) decisions made by the AER for the purposes of the relevant regulatory decision;
• (a) where this Law applies as a law of the Commonwealth, the Federal Court;
• (b) where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;
• (a) the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services;
• (b) the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;
• (a) by or under jurisdictional electricity legislation; or
• (b) by the AER in accordance with the Rules;
• (a) the safe distribution of electricity in that jurisdiction; or
• (b) the safe operation of a distribution system in that jurisdiction;
• (a) the generation of electricity;
• (b) electricity network services;
• (c) the sale of electricity;
• (a) whole-of-system oversight for energy security and reliability of the national electricity market; and
• (b) improving long-term planning for the national electricity market;
• (a) generating systems and other facilities; and
• (b) loads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules;
• (a) exempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or
• (b) modifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates;
• (a) if this Law is applied as a law of the State of New South Wales— (i) the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or (ii) if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;
• (i) the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or
• (ii) if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;
• (b) if this Law is applied as a law of the State of Victoria— (i) the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; or (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;
• (i) the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; or
• (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;
• (c) if this Law is applied as a law of the State of Queensland— (i) the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or (ii) if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;
• (i) the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or
• (ii) if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;
• (d) if this Law is applied as a law of the State of South Australia— (i) the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; or (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;
• (i) the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; or
• (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;
• (e) if this Law is applied as a law of the Australian Capital Territory— (i) the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or (ii) if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;
• (i) the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or
• (ii) if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;
• (f) if a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e) , that other person or body;
• (g) if the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body;
• (h) any other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction;
• (i) the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or
• (ii) if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;
• (i) the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; or
• (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;
• (i) the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or
• (ii) if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;
• (i) the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; or
• (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;
• (i) the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or
• (ii) if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;
• (a) 1 Minister from the Commonwealth;
• (b) 1 Minister from each State (totalling 6 Ministers);
• (c) 1 Minister from each Territory (totalling 2 Ministers),
• (a) (Repealed)
• (b) a Ministerial pilot metering determination;
• (a) the National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and
• (b) the National Electricity (South Australia) Law ; and
• (c) an Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of— (i) the Regulations referred to in paragraph (a) ; or (ii) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) ; and
• (i) the Regulations referred to in paragraph (a) ; or
• (ii) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) ; and
• (d) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and
• (e) the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia);
• (i) the Regulations referred to in paragraph (a) ; or
• (ii) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) ; and
• (a) the wholesale exchange operated and administered by AEMO under this Law and the Rules; and
• (b) the national electricity system;
• (a) the initial National Electricity Rules; and
• (ab) additional Minister initiated Rules; and
• (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Electricity Rules or additional Minister initiated Rules; or (ii) Rules made by it;
• (i) the initial National Electricity Rules or additional Minister initiated Rules; or
• (ii) Rules made by it;
• (i) the initial National Electricity Rules or additional Minister initiated Rules; or
• (ii) Rules made by it;
• (a) the generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and
• (b) the interconnected national electricity system; and
• (c) regulated stand-alone power systems;
• (a) exempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or
• (b) modifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO;
• (a) who is a Registered participant; and
• (b) whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination;
• (a) a regulated distribution system operator; or
• (b) a regulated transmission system operator;
• (a) who is a Registered participant; and
• (b) whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination;
• (a) a network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or
• (b) any other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision,
• (a) Part 2A of this Law; and
• (b) the provisions of the Rules that relate to Part 2A of this Law;
• (a) this Law or the Rules; or
• (b) the National Gas Law, the National Gas Rules, or related subordinate legislation;
• (a) legislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that— (i) was in force immediately before the changeover date; and (ii) is superseded by the AEMO amendments; and
• (i) was in force immediately before the changeover date; and
• (ii) is superseded by the AEMO amendments; and
• (b) a licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction— (i) in force immediately before the changeover date; and (ii) superseded by the AEMO amendments; and
• (i) in force immediately before the changeover date; and
• (ii) superseded by the AEMO amendments; and
• (c) a guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction— (i) made or issued by the jurisdictional regulator; and (ii) in force immediately before the changeover date; and (iii) superseded by the AEMO amendments;
• (i) made or issued by the jurisdictional regulator; and
• (ii) in force immediately before the changeover date; and
• (iii) superseded by the AEMO amendments;
• (i) was in force immediately before the changeover date; and
• (ii) is superseded by the AEMO amendments; and
• (i) in force immediately before the changeover date; and
• (ii) superseded by the AEMO amendments; and
• (i) made or issued by the jurisdictional regulator; and
• (ii) in force immediately before the changeover date; and
• (iii) superseded by the AEMO amendments;
• (a) the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services;
• (b) the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;
• (a) by or under jurisdictional electricity legislation; or
• (b) by the AER in accordance with the Rules;
• (a) the safe transmission of electricity in that jurisdiction; or
• (b) the safe operation of a transmission system in that jurisdiction;
• (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and
• (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or
• (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and
• (b) that tests an approach in relation to the supply of, or demand for, electricity;
• (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or
• (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and

sec.2A Meaning of access dispute

An access dispute is— a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or without limiting paragraph (a) —a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies. s 2A ins 2007 No. 53 (SA) s 6 sub 2011 No. 7 (SA) s 6

• (a) a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or
• (b) without limiting paragraph (a) —a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.

sec.2AA Meaning of civil penalty provision and conduct provision

A civil penalty provision is— a provision of this Law specified in the Table at the foot of this subsection; or a reliability obligation civil penalty provision; or a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision. Provision Section heading Section 11 (1) , (2) , (3) and (4) Electricity market activities in this jurisdiction Section 14A Regulated transmission system operator must comply with transmission determination Section 14B Regulated distribution system operator must comply with distribution determination Section 14P (1) and (3) Obligation to report net contract position Section 18ZC (1) and (2) Obligation of regulated entities to keep records Section 18ZD Obligation of regulated entities to provide information and data about compliance Section 18ZF (1) and (3) Compliance audits by regulated entities Section 28N Compliance with regulatory information notice that is served Section 28O Compliance with general regulatory information order Section 50D (1) Network agreement Section 50F (1) , (4) and (5) Augmentation Section 53C (3) and (4 Compliance with market information instrument Section 136 Compliance with access determination Section 157 (1) Preventing or hindering access A reliability obligation civil penalty provision is section 14R (2) . A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision. s 2AA ins 2011 No. 7 (SA) s 7 amd 2019 No. 10 (SA) s 6 ; 2020 No. 37 (SA) s 5 (sec.2AA-ssec.1) A civil penalty provision is— a provision of this Law specified in the Table at the foot of this subsection; or a reliability obligation civil penalty provision; or a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision. Provision Section heading Section 11 (1) , (2) , (3) and (4) Electricity market activities in this jurisdiction Section 14A Regulated transmission system operator must comply with transmission determination Section 14B Regulated distribution system operator must comply with distribution determination Section 14P (1) and (3) Obligation to report net contract position Section 18ZC (1) and (2) Obligation of regulated entities to keep records Section 18ZD Obligation of regulated entities to provide information and data about compliance Section 18ZF (1) and (3) Compliance audits by regulated entities Section 28N Compliance with regulatory information notice that is served Section 28O Compliance with general regulatory information order Section 50D (1) Network agreement Section 50F (1) , (4) and (5) Augmentation Section 53C (3) and (4 Compliance with market information instrument Section 136 Compliance with access determination Section 157 (1) Preventing or hindering access (sec.2AA-ssec.1a) A reliability obligation civil penalty provision is section 14R (2) . (sec.2AA-ssec.2) A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.

• (a) a provision of this Law specified in the Table at the foot of this subsection; or
• (ba) a reliability obligation civil penalty provision; or
• (c) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.

sec.2AB Civil penalty amounts for breaches of civil penalty provisions

Subject to this section, the civil penalty for a breach of a civil penalty provision is— in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) , (c) or (d) — if the breach is by a natural person— an amount not exceeding $33 900; plus an amount not exceeding $3 390 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $170 000; plus an amount not exceeding $17 000 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person— an amount not exceeding $287 000; plus an amount not exceeding $14 400 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $1 435 000; plus an amount not exceeding $71 800 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person—an amount not exceeding $500 000; if the breach is by a body corporate—an amount not exceeding the greater of the following: $10 000 000; if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or in the case of a breach of a reliability obligation civil penalty provision— if the breach is by a natural person—an amount not exceeding $1 435 000; if the breach is by a body corporate— an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period. See section 67A , which deals with conduct that constitutes a breach of a reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period. See Schedule 2 clause 37A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website. Subsection (1) (c) (ii) (B) or (C) will only apply in a particular case (including by operation of subsection (1) (d) (ii) (B) ) if the AER, in applying for an order under section 61 (2) (a) , requests that those provisions be applied in that particular case. s 2AB ins 2020 No. 37 (SA) s 6 (sec.2AB-ssec.1) Subject to this section, the civil penalty for a breach of a civil penalty provision is— in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) , (c) or (d) — if the breach is by a natural person— an amount not exceeding $33 900; plus an amount not exceeding $3 390 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $170 000; plus an amount not exceeding $17 000 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person— an amount not exceeding $287 000; plus an amount not exceeding $14 400 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $1 435 000; plus an amount not exceeding $71 800 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person—an amount not exceeding $500 000; if the breach is by a body corporate—an amount not exceeding the greater of the following: $10 000 000; if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or in the case of a breach of a reliability obligation civil penalty provision— if the breach is by a natural person—an amount not exceeding $1 435 000; if the breach is by a body corporate— an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period. See section 67A , which deals with conduct that constitutes a breach of a reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period. See Schedule 2 clause 37A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website. (sec.2AB-ssec.2) Subsection (1) (c) (ii) (B) or (C) will only apply in a particular case (including by operation of subsection (1) (d) (ii) (B) ) if the AER, in applying for an order under section 61 (2) (a) , requests that those provisions be applied in that particular case.

• (a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) , (c) or (d) — (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;
• (A) an amount not exceeding $33 900; plus
• (B) an amount not exceeding $3 390 for every day during which the breach continues;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (A) an amount not exceeding $170 000; plus
• (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (b) in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;
• (A) an amount not exceeding $287 000; plus
• (B) an amount not exceeding $14 400 for every day during which the breach continues;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (A) an amount not exceeding $1 435 000; plus
• (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (c) in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— (i) if the breach is by a natural person—an amount not exceeding $500 000; (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (i) if the breach is by a natural person—an amount not exceeding $500 000;
• (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (A) $10 000 000;
• (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
• (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (d) in the case of a breach of a reliability obligation civil penalty provision— (i) if the breach is by a natural person—an amount not exceeding $1 435 000; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period. Note— See section 67A , which deals with conduct that constitutes a breach of a reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period.
• (i) if the breach is by a natural person—an amount not exceeding $1 435 000;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period.
• (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or
• (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period.
• (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;
• (A) an amount not exceeding $33 900; plus
• (B) an amount not exceeding $3 390 for every day during which the breach continues;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (A) an amount not exceeding $170 000; plus
• (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (A) an amount not exceeding $33 900; plus
• (B) an amount not exceeding $3 390 for every day during which the breach continues;
• (A) an amount not exceeding $170 000; plus
• (B) an amount not exceeding $17 000 for every day during which the breach continues; or
• (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;
• (A) an amount not exceeding $287 000; plus
• (B) an amount not exceeding $14 400 for every day during which the breach continues;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (A) an amount not exceeding $1 435 000; plus
• (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (A) an amount not exceeding $287 000; plus
• (B) an amount not exceeding $14 400 for every day during which the breach continues;
• (A) an amount not exceeding $1 435 000; plus
• (B) an amount not exceeding $71 800 for every day during which the breach continues; or
• (i) if the breach is by a natural person—an amount not exceeding $500 000;
• (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (A) $10 000 000;
• (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
• (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (A) $10 000 000;
• (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
• (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
• (i) if the breach is by a natural person—an amount not exceeding $1 435 000;
• (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period.
• (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or
• (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period.
• (A) an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or
• (B) an amount that applies under paragraph (c) (ii) , as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c) , for a breach that relates to a second or subsequent reliability gap period.

sec.2B Meaning of direct control network service

A direct control network service is an electricity network service— the Rules specify as a service the price for which, or the revenue to be earned from which, must be regulated under a distribution determination or transmission determination; or if the Rules do not do so, the AER specifies, in a distribution determination or transmission determination, as a service the price for which, or the revenue to be earned from which, must be regulated under the distribution determination or transmission determination. s 2B ins 2007 No. 53 (SA) s 6

• (a) the Rules specify as a service the price for which, or the revenue to be earned from which, must be regulated under a distribution determination or transmission determination; or
• (b) if the Rules do not do so, the AER specifies, in a distribution determination or transmission determination, as a service the price for which, or the revenue to be earned from which, must be regulated under the distribution determination or transmission determination.

sec.2C Meaning of negotiated network service

A negotiated network service is an electricity network service— that is not a direct control network service; and that— the Rules specify as a negotiated network service; or if the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination. s 2C ins 2007 No. 53 (SA) s 6

• (a) that is not a direct control network service; and
• (b) that— (i) the Rules specify as a negotiated network service; or (ii) if the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination.
• (i) the Rules specify as a negotiated network service; or
• (ii) if the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination.
• (i) the Rules specify as a negotiated network service; or
• (ii) if the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination.

sec.2D Meaning of regulatory obligation or requirement

A regulatory obligation or requirement is— in relation to the provision of an electricity network service by a regulated network service provider— a distribution system safety duty or transmission system safety duty; or a distribution reliability standard or transmission reliability standard; or a distribution service standard or transmission service standard; or an obligation or requirement under— this Law or Rules; or the National Energy Retail Law or the National Energy Retail Rules; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination. A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation— for a breach of— a distribution system safety duty or transmission system safety duty; or a distribution reliability standard or transmission reliability standard; or a distribution service standard or transmission service standard; or under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) . See also section 7A (2) (b) . The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law. s 2D ins 2007 No. 53 (SA) s 6 amd 2011 No. 7 (SA) s 8 (sec.2D-ssec.1) A regulatory obligation or requirement is— in relation to the provision of an electricity network service by a regulated network service provider— a distribution system safety duty or transmission system safety duty; or a distribution reliability standard or transmission reliability standard; or a distribution service standard or transmission service standard; or an obligation or requirement under— this Law or Rules; or the National Energy Retail Law or the National Energy Retail Rules; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination. (sec.2D-ssec.2) A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation— for a breach of— a distribution system safety duty or transmission system safety duty; or a distribution reliability standard or transmission reliability standard; or a distribution service standard or transmission service standard; or under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) . See also section 7A (2) (b) . The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.

• (a) in relation to the provision of an electricity network service by a regulated network service provider— (i) a distribution system safety duty or transmission system safety duty; or (ii) a distribution reliability standard or transmission reliability standard; or (iii) a distribution service standard or transmission service standard; or
• (i) a distribution system safety duty or transmission system safety duty; or
• (ii) a distribution reliability standard or transmission reliability standard; or
• (iii) a distribution service standard or transmission service standard; or
• (b) an obligation or requirement under— (i) this Law or Rules; or (ia) the National Energy Retail Law or the National Energy Retail Rules; or (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination.
• (i) this Law or Rules; or
• (ia) the National Energy Retail Law or the National Energy Retail Rules; or
• (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or
• (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or
• (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or
• (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination.
• (i) a distribution system safety duty or transmission system safety duty; or
• (ii) a distribution reliability standard or transmission reliability standard; or
• (iii) a distribution service standard or transmission service standard; or
• (i) this Law or Rules; or
• (ia) the National Energy Retail Law or the National Energy Retail Rules; or
• (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or
• (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or
• (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or
• (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination.
• (a) for a breach of— (i) a distribution system safety duty or transmission system safety duty; or (ii) a distribution reliability standard or transmission reliability standard; or (iii) a distribution service standard or transmission service standard; or
• (i) a distribution system safety duty or transmission system safety duty; or
• (ii) a distribution reliability standard or transmission reliability standard; or
• (iii) a distribution service standard or transmission service standard; or
• (b) under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) .
• (i) a distribution system safety duty or transmission system safety duty; or
• (ii) a distribution reliability standard or transmission reliability standard; or
• (iii) a distribution service standard or transmission service standard; or
• 1 See also section 7A (2) (b) .
• 2 The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.

sec.2E Meaning of regulatory payment

A regulatory payment is a sum that a regulated network service provider has been required or allowed to pay to a network service user or an end user for a breach of, as the case requires— a distribution reliability standard or transmission reliability standard; or a distribution service standard or transmission service standard, because it was efficient for the regulated network service provider (in terms of the provider’s overall business) to pay that sum. See also section 7A (2) (b) . s 2E ins 2007 No. 53 (SA) s 6

• (a) a distribution reliability standard or transmission reliability standard; or
• (b) a distribution service standard or transmission service standard,

sec.2F Form of regulation factors

The form of regulation factors are— the presence and extent of any barriers to entry in a market for electricity network services; the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other electricity network service provided by the network service provider; the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other service provided by the network service provider in any other market; the extent to which any market power possessed by a network service provider is, or is likely to be, mitigated by any countervailing market power possessed by a network service user or prospective network service user; the presence and extent of any substitute, and the elasticity of demand, in a market for an electricity network service in which a network service provider provides that service; the presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be); the extent to which there is information available to a prospective network service user or network service user, and whether that information is adequate, to enable the prospective network service user or network service user to negotiate on an informed basis with a network service provider for the provision of an electricity network service to them by the network service provider. s 2F ins 2007 No. 53 (SA) s 6

• (a) the presence and extent of any barriers to entry in a market for electricity network services;
• (b) the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other electricity network service provided by the network service provider;
• (c) the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other service provided by the network service provider in any other market;
• (d) the extent to which any market power possessed by a network service provider is, or is likely to be, mitigated by any countervailing market power possessed by a network service user or prospective network service user;
• (e) the presence and extent of any substitute, and the elasticity of demand, in a market for an electricity network service in which a network service provider provides that service;
• (f) the presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be);
• (g) the extent to which there is information available to a prospective network service user or network service user, and whether that information is adequate, to enable the prospective network service user or network service user to negotiate on an informed basis with a network service provider for the provision of an electricity network service to them by the network service provider.

sec.2G Related bodies corporate

For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth. s 2G ins 2020 No. 37 (SA) s 7

sec.3 Interpretation generally

Schedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.

sec.4 Savings and transitionals

Schedule 3 to this Law has effect.

sec.5 Participating jurisdictions

The following jurisdictions are participating jurisdictions for the purposes of this Law— the State of South Australia; and the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law). If a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction. If, at any time, all participating jurisdictions agree that a specified jurisdiction will cease to be a participating jurisdiction on a specified date, the jurisdiction ceases to be a participating jurisdiction on that date. A notice must be published in the South Australian Government Gazette of the date on which a jurisdiction ceases to be a participating jurisdiction under subsection (2) or (3) . If the legislature of a participating jurisdiction enacts a law that, in the unanimous opinion of the Ministers of the other participating jurisdictions, is inconsistent with this Law, those other participating jurisdictions may give notice to the Minister of the first-mentioned participating jurisdiction to the effect that, if the inconsistent law remains in force as an inconsistent law for more than 6 months after the notice is given, the other participating jurisdictions may declare that the jurisdiction has ceased to be a participating jurisdiction. A jurisdiction ceases to be a participating jurisdiction on publication in the South Australian Government Gazette of a declaration made by the Ministers of the other participating jurisdictions in accordance with subsection (5) . s 5 amd 2021 No. 3 (SA) s 6 (sec.5-ssec.1) The following jurisdictions are participating jurisdictions for the purposes of this Law— the State of South Australia; and the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law). (sec.5-ssec.2) If a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction. (sec.5-ssec.3) If, at any time, all participating jurisdictions agree that a specified jurisdiction will cease to be a participating jurisdiction on a specified date, the jurisdiction ceases to be a participating jurisdiction on that date. (sec.5-ssec.4) A notice must be published in the South Australian Government Gazette of the date on which a jurisdiction ceases to be a participating jurisdiction under subsection (2) or (3) . (sec.5-ssec.5) If the legislature of a participating jurisdiction enacts a law that, in the unanimous opinion of the Ministers of the other participating jurisdictions, is inconsistent with this Law, those other participating jurisdictions may give notice to the Minister of the first-mentioned participating jurisdiction to the effect that, if the inconsistent law remains in force as an inconsistent law for more than 6 months after the notice is given, the other participating jurisdictions may declare that the jurisdiction has ceased to be a participating jurisdiction. (sec.5-ssec.6) A jurisdiction ceases to be a participating jurisdiction on publication in the South Australian Government Gazette of a declaration made by the Ministers of the other participating jurisdictions in accordance with subsection (5) .

• (a) the State of South Australia; and
• (b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).

sec.6 Ministers of participating jurisdictions

The Ministers of the participating jurisdictions are— the South Australian Minister; and the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law). s 6 amd 2007 No. 53 (SA) s 7 ; 2021 No. 3 (SA) s 7 ; 2025 No. 61 (SA) sch 1 s 2 (sec.6-ssec.1) The Ministers of the participating jurisdictions are— the South Australian Minister; and the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).

• (a) the South Australian Minister; and
• (b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).